Is Your Prenup Bulletproof? Divorce Law Says Maybe

Full Financial Disclosure

The cornerstone of any enforceable prenup is honesty about assets and debts. Courts toss agreements when one party conceals property, misstates business interests, or downplays liabilities. Real estate, retirement accounts, stock options, even that vintage car collection needs a clear, itemized list. If you gloss over a single asset or fail to disclose a sizeable loan, a judge can void the entire document.

Fair Terms vs. Unconscionability

Agreements that leave one spouse penniless after decades together invite challenges. Judges won’t enforce terms that shock the conscience, like zero spousal support or an absolute waiver of every marital asset. Courts expect a basic level of fairness. A clause capping support or setting clear division percentages usually passes muster. But if the prenup reads like a takeover bid, expect a judge to throw it out. You want balance: enough protection without punishing either party in the event of divorce.

Timing and Execution

When you sign a prenup matters as much as what is inside. Rushing to finalize the document days before your wedding screams coercion. Judges look for at least a 30-day window between signing and ceremony. That gap shows each person had breathing room to review, ask questions and seek advice. If you spring a prenup on your partner the night before the wedding, don’t be surprised when a court sets it aside.

Independent Legal Counsel

Even if you trust each other completely, you need separate attorneys to draft or review your prenup. Waiving legal representation on both sides raises red flags. Courts favor agreements where each party got independent advice about rights, consequences and alternative options. If one spouse skipped counsel or signed a waiver under pressure, the prenup becomes vulnerable.

Revisiting and Amending Over Time

Life changes; children arrive, careers take off, and inheritances land in your lap. Something that felt fair in your twenties may clash with reality in your forties. A static prenup can age poorly and lose its force. You’ll want to revisit the agreement after major events and sign amendments that reflect your current situation. That ongoing maintenance keeps the prenup aligned with your lives and reduces the chance that a judge will view it as outdated or irrelevant.

Mid-Agreement Checklist

By now you’ve seen the common traps: hidden disclosures, lopsided terms, rushed signings, missing counsel and stale conditions. As you finalize your agreement, run through this mental checklist. Make sure every asset is listed, support limits are reasonable, you signed well before the altar, each of you had your own lawyer, and you’ve built in a mechanism for future updates. Miss one of these, and you risk seeing your prenup struck down when it matters most.

Conclusion

A prenuptial agreement can give you confidence going into marriage, but only if you draft and maintain it properly. Take these steps seriously, and you’ll protect your assets and your peace of mind.